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Rental Agreement

These terms and conditions are a legal agreement between you (“You” or “Your”) and HYPE CULTURE SDN BHD (“HYPE2U,” “We,”, “we” “us,” or “our”), establishing terms and conditions under which You will submit information to, and rent articles of clothing and accessories (each a “Product” and collectively, “Products or Items”) and receive related services (“Services”) from, HYPE2U via our website at www.hype2u.com (individually and collectively the “Website”).

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR SITE, SIGNING UP FOR THE SERVICE AND PUTTING IN YOUR CREDIT CARD DETAILS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ORDER ANY PRODUCTS AND DO NOT RENT THE PRODUCTS.

WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.

1. General; Rental Not Purchase; Adult Agreement Required.

This Agreement contains all the terms and conditions governing Your rental of Products from HYPE2U via the joinmercerclub.com website from time to time. You agree that Your general use of our Website, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms and Conditions of Use available at Terms & Conditions and Privacy Policy at Privacy, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with HYPE2U at all times.

Our Products may be rented for use by individuals under 18 years of age, but rentals are made only to adults who must provide credit card information which must be approved by our merchant and processing agent. If You are under 18 years of age, You may accept these terms and conditions and order Products only with involvement and approval of Your parent or legal guardian. We currently and generally limit the number of articles of clothing that can be rented by You and our other customers to FOUR (4) at any time. Your purchase of a subscription provides you ONE (1) item from the LUXURY category, ONE (1) item from the PREMIUM category and TWO (2) from the STREET category. Selection are as follows and quantities of each as defined by your membership plan, that can be in your possession at any given time until the rental period of ONE (1) month is over so long as you continue to make RECURRING payments for your membership each month.

2. Subscription Fees; Credit Card Authorizations; Cancellations.

The subscription fee (“Subscription Fee”) for the Products will be the total subscription fee (as defined on the product checkout page) PLUS any insurance or shipping charges listed (if any) on the website in connection with Your membership.

Upon Your order, You hereby authorize us to charge your credit card for the Subscription Fee and / or monthly subscription fee on a RECURRING basis whereby your card will be automatically charged from the first day of your commencement of your membership. We will charge Your credit card the amount of the Subscription Fee immediately upon Your rental order or checkout where you confirm and submit – “Check Out”.

In addition, at the time of Your order of a Product, You hereby authorize HYPE2U to charge Your credit card for the MARKET VALUE of that Product (as defined on the product page) as set forth, plus any applicable sales taxes (“Retail Value”); provided that we will only charge the Retail Value in the circumstances set forth in Section 4 below.

Subscription Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by HYPE2U, shall be reimbursed by You to HYPE2U in connection with Your order for the rental.

You may cancel your membership at any time prior to the renewal of your membership to HYPE2U to avoid being charged for another month. Cancelling account post renewal date will result in your account being charged for an entire month of HYPE2U membership. Once you cancel your membership, you are responsible for returning any outstanding articles of clothing or accessories in your possession within THREE (3) CALENDAR DAYS from the expiration date of the rental period. Failure to do so will result in you being charged for the entire value of the Product at 70%, plus any additional fees as agreed upon within the Website’s terms of service.

3. HYPE2U Offering.

  • Delivery
  • All deliveries will be made as per HYPE2U delivery and mailing schedules. Sometimes HYPE2U Products may appear slightly different in color and style than the photos displayed on our website. See Section 5(b) below.

  • Cleaning
  • All Products will be professionally cleaned and delivered ready to wear for each consumer. We tumble wash and / or dry clean and inspect each product with the utmost care, but use of the product is at your own risk and HYPE2U shall not be held liable for any health-related complaints associated with a product rented from our site.

  • Return Packaging
  • With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope or box as well as instructions for Your use in returning the Products to HYPE2U (“Return Packaging”).

  • Services
  • On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided “AS IS” without guarantee as to results.

    4. Your Commitments to Us; Payment of Retail Value.

  • Receipt of the Products
  • Upon shipment, You bear responsibility for the Product(s). In the event that an unsecure shipping address is provided, HYPE2U does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which HYPE2U is not to be held liable, but You will be held liable.

  • Use of the Products
  • You agree to treat the Products with great care, and return it in the same condition as was delivered to you. You are completely responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear.

    Normal wear and tear encompasses minor stains, missing beads, stuck zippers or other minor damage covered by the subscription price you paid in order to rent the Product. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for repairing or replacing the Product, as determined in our discretion, as advertised on our site OR explained to you in the package delivered to you. Charges will be as per Terms and Conditions.

  • Payment of Retail Value
  • You agree to treat the Products with great care, and return it in the same condition as was delivered to you. You are completely responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear. Charges are at 70% of retail selling price.

  • Collections
  • If You do not pay the amounts You owe us when due, then we may institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.

  • Removal
  • We reserve the right to terminate your right to be a member of HYPE2U at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.

  • Email
  • We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by clicking on the links provided at the bottom of those e-mails when available.

  • Limited Warranty
  • The limited warranties set forth in Section 3 apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of this Agreement.

  • Remedies
  • Your sole and exclusive remedy and HYPE2U’s sole and exclusive liability for a breach of HYPE2U’s limited warranty shall be, at HYPE2U’s option, HYPE2U’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Subscription Fee (excluding insurance and delivery charges).

  • Disclaimers
  • THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.

    5. Limitation of Liability.

  • No Indirect Damages. IN NO EVENT SHALL HYPE2U / (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LE TOTE, SDN BHD/ LE TOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
  • Limited Direct Damages. HYPE2U’S (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE
  • Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
  • 6. Miscellaneous.

    This Agreement constitutes the entire agreement between You and HYPE2U with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by HYPE2U We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of Malaysia, excluding its conflicts of laws principles. You shall not assign this Agreement without HYPE2U’s prior written consent. Termination of this Agreement will not relieve

    Sections 1, 2, 3, 4, 5, 6 and 7 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. HYPE2U shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.